Honble BALIA, J.–Respondent-Rewa Puri filed a Civil Suit in the Court of District Judge, Udaipur on 22.04.1975 claiming a decree against appellant-defendant for declaration of Plot No. 366 situated at Bhopalpura, Udaipur as of the ownership of the plaintiff and that possession of the said plot be delivered to the plaintiff which was in possession of the defendant.

(2). The plaintiffs case as disclosed in the plaint is that plot No. 366 situated at Bhopalpura was allotted to the petitioner-plaintiff as Bapi in 1948 by the then City Improvement Trust, Udaipur in lieu of consideration of Rs. 457/-. In 1955 the Patta of the plot was issued in the name of plaintiff. The plaintiff started construction on the plot in 1966. At that time the defendant filed a Civil Suit for permanent injunction claiming the property in question to be his for injucting the present plaintiff from carrying on construction on the plot and restrain him from interfering with his possession. The application for temporary injunction was dismissed and ultimately the suit for declaration of ownership was dismissed on 22.01.1975 by Munsif Court Uaipur by holding that though the present defendant has not been able to prove his title, the suit filed was dismissed as to about his ownership. However, since the pendency of the suit the defendant has taken over the possession of the plot in question, the court directed the present plaintiff to secure the possession by filing the suit in accordance with law. According to averments made in the plaint the defendant started claiming to be owner of the said plot since 1966 when he filed the civil suit. Further alleging that the defendant is in possession of the suit only since 1971 as trespasser which he is not entitled to retain, and that cause of action arose in December, 1971 when defendant dispossessed the plaintiff, filed the present suit for aforesaid reliefs. It has also been averred in the plaint that plaintiff continued construction over the plot until 1969 when Municipal Council, Udaipur restrained further construction in pursuance of the order made by the Munsif Magistrate in civil suit No. 93/66. While stating when the civil suit was pending in the court of Munsif Court, Udaipur, defendant dispossessed the plaintiff in December, 1971 which followed with proceedings u/s. 145 Cr. P.C. lodged by the plaintiff which were dismissed on 29.09.1973.

(3). The defendant in his written statement denied the claim of the plaintiffs ownership as well as possession in question, and also the facts stated therein about the plaintiffs dispossession in December, 1971. While admitting that plot was in the name of plaintiff, it was denied that full consideration of Rs. 457/-was deposited or paid by plaintiff. It was alleged that plaintiff had deposited from time to time in totality only a sum of Rs. 168/12 Annas by 13.05.1948. He did not deposit the remaining sum because the plaintiff after receiving the said amount of Rs. 169.03 Annas from Ganeshlal, the present defendant on 2.12.1955 had transferred the plot in favour of Ganesh Lal. Thereafter the balance amount of Rs. 281/4 Anas, plus fees Rs. 2/-. map charges Rs. 5/-totaling Rs. 288/4 Anas were deposited by Ganesh Lal Bordia on 6.10.55 and patta was delivered to Ganesh Lal on 9.2.56 after obtaining receipt from him. Even since the issuance of patta plaintiff was never in possession of the plot in question. The defendant also denied that plaintiff made any construction on the plot in question. Filing of Civil Suit No. 93/66 (66/66 new no. 51/72) by the defendant against plaintiff and his brother Sajjanpuri, was admitted, which according to defendant was decreed in his favour on 28th Jan. 1975 against which no appeal has been made and has become final. The fact of raising construction in 1969 was also denied. It was alleged that even in the suit the defendants possession in his own right since 12.11.65 has been accepted by the Court and therefore, it was asserted that the Civil Cour

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